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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/977, 153
`
`09/01/2020
`
`YUSUKE NAKAMURA
`
`083710-3218
`
`7253
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`RHEE,JANEJ
`
`1724
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/09/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`16/977,153
`Examiner
`JANE J RHEE
`
`Applicant(s)
`NAKAMURAetal.
`Art Unit
`AIA (FITF) Status
`1724
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1)C Responsive to communication(s) filed on
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)C) This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\() Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-6 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-6 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`C} Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`“If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)C2 The specification is objected to by the Examiner.
`11)C) The drawing(s) filed on
`is/are: a)(] accepted or b)(_) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)1.) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`cc) None ofthe:
`b)J Some**
`a)D All
`1.1) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have beenreceived in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 3/3/23,10/12/21,9/1/20.
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230803
`
`

`

`Application/Control Number: 16/977,153
`Art Unit: 1724
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`The present application, filed on or after March 16, 2013,
`
`is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(2) the claimed invention was described in a patentissued under section 151, orinan
`application for patent published or deemed published undersection 122 (b), in which the
`patentor application, as the case maybe, names anotherinventor and waseffectively filed
`before the effective filing date of the claimed invention.
`
`1.
`
`Claim(s) 1 is/are rejected under 35 U.S.C. 102(a) as being anticipated by Kawai
`
`et al. (US2009031 1599).
`
`As to claim 1, Kawai et al. discloses electrochemical device comprising: a
`
`positive electrode; a negative electrode; a separator disposed between the positive
`
`electrode and the negative electrode; and an electrolytic solution, wherein: the positive
`
`electrode includes a conductive polymer, the negative electrode includes a negative
`
`electrode material, the negative electrode material includes a graphite material, and an
`
`interlayer distance d002 of the graphite material ranges from 0.336 nm to 0.338 nm,
`
`inclusive (paragraph 0146).
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis forall
`
`obviousness rejections set forth in this Office action:
`
`Apatent for a claimed invention maynotbe obtained, notwithstanding that the claimed
`invention is not identicallydisclosed as set forth in section 102, if the differences between the
`claimed invention and the prior artare such that the claimed invention as a whole would have
`
`

`

`Application/Control Number: 16/977,153
`Art Unit: 1724
`
`Page 3
`
`been obvious before the effective filing date of the claimed invention to a person having
`ordinaryskillinthe art to which the claimed invention pertains. Patentabilityshall notbe
`negated by the manner in whichthe invention was made.
`
`2.
`
`Claim(s) 2,6 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Kawaiet al.
`
`in view of Matsuoka et al. (US20180062207).
`
`Kawai et al. discloses the electrochemical device described above. Kawaietal.
`
`fail to disclose the conductive polymer includes a polyaniline.
`
`Matsuoka et al. teaches that the conductive polymerincludes a polyaniline for the
`
`purpose of providing high voltage and high energy density (paragraph 0081,0088).
`
`Therefore, it would have been obvious to one having ordinary skill in the art at
`
`the time applicant's invention wasfiled to provide Kawai et al. with that the conductive
`
`polymer includes a polyaniline for the purpose of providing high voltage and high energy
`
`density (paragraph 0081 ,0088).
`
`Kawaietal. fail to disclose wherein a proportion of the carbon black in the
`
`negative electrode material ranges from 3% by mass to 20% by mass, inclusive.
`
`Matsuoka et al. teaches wherein a proportion of the carbon black in the negative
`
`electrode material ranges from 3% by mass to 20% by mass, inclusive for the purpose
`
`of increasing battery voltage (paragraph 0096,0099).
`
`Therefore, it would have been obvious to one having ordinary skill in the art at
`
`the time applicant's invention wasfiled to provide Kawai et al. with wherein a proportion
`
`of the carbon black in the negative electrode material ranges from 3% by mass to 20%
`
`by mass, inclusive for the purpose of increasing battery voltage (paragraph 0096,0099).
`
`3.
`
`Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawai
`
`et al.
`
`in view of Kawashima (US20110129738).
`
`

`

`Application/Control Number: 16/977,153
`Art Unit: 1724
`
`Page 4
`
`Kawai et al. discloses the electrochemical device described above. Kawaietal.
`
`fail to disclose wherein: the electrolytic solution includes vinylene carbonate, and a
`
`concentration of the vinylene carbonate in the electrolytic solution ranges from 0.1% by
`
`mass to 10% by mass, inclusive.
`
`Kawashima teaches wherein: the electrolytic solution includes vinylene
`
`carbonate, and a concentration of the vinylene carbonate in the electrolytic solution
`
`ranges from 0.1% by mass to 10% by mass, inclusive for the purpose of improving the
`
`initial charge and dischargeefficiency by forming a protective film through another
`
`mechanism, so that a synergistic effect is obtained (paragraph 0083).
`
`4.
`
`Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawai
`
`et al.
`
`in view of Sano et al. (US20080286653).
`
`Kawai et al. discloses the electrochemical device described above. Kawaietal.
`
`fail to disclose wherein a density of the negative electrode material ranges from 0.33
`
`g/cm3 to 1.0 g/cm, inclusive.
`
`Sano et al. teaches wherein a density of the negative electrode material ranges
`
`from 0.33 g/cm3 to 1.0 g/cm, inclusive for the purpose of providing a battery with
`
`excellent discharge capacity and charge and discharge cycle performance can be
`
`obtained with high productivity (paragraph 0156).
`
`Therefore, it would have been obvious to one having ordinary skill in the art at
`
`the time applicant's invention wasfiled to provide wherein a density of the negative
`
`electrode material ranges from 0.33 g/cm3 to 1.0 g/cm39, inclusive for the purpose of
`
`providing a battery with excellent discharge capacity and charge and discharge cycle
`
`performance can be obtained with high productivity (paragraph 0156).
`
`

`

`Application/Control Number: 16/977,153
`Art Unit: 1724
`
`Page 5
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`5.
`
`Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawai
`
`et al.
`
`in view of Kuwataet al. (US20150024301).
`
`Kawai et al. discloses the electrochemical device described above. Kawaietal.
`
`fail to disclose wherein the negative electrode material includes carbon black, and a
`
`specific surface area per mass of the carbon black ranges from 500 m2/g to 1500 m2/g,
`
`inclusive.
`
`Kuwata et al. teaches wherein the negative electrode material includes carbon
`
`black, and a specific surface area per mass of the carbon black ranges from 500 m2/g
`
`to 1500 m2/g, inclusive for the purpose of decreasing the resistance in the thickness
`
`direction of the anode and further to improve the conductivity (paragraph 0062).
`
`Therefore, it would have been obvious to one having ordinary skill in the art at
`
`the time applicant's invention wasfiled to provide Kawaiet al. with wherein the negative
`
`electrode material includes carbon black, and a specific surface area per mass of the
`
`carbon black ranges from 500 m2/g to 1500 m2/g, inclusive for the purpose of
`
`decreasing the resistance in the thickness direction of the anode and further to improve
`
`the conductivity (paragraph 0062).
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to JANE J RHEE whose telephone number is (571)272-
`
`1499. The examiner can normally be reached Monday-Friday (10-6:30).
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`

`

`Application/Control Number: 16/977,153
`Art Unit: 1724
`
`Page 6
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/AWwww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Miriam Stagg can be reached on 571-270-5256. The fax phone numberfor
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be
`
`obtained from Patent Center. Unpublished application information in Patent Centeris
`
`available to registered users. To file and manage patent submissions in Patent Center,
`
`visit: httos://patentcenter.uspto.gov. Visit https:/Awww.uspto.gov/patents/apply/patent-
`
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`
`https :/;www.uspto.gov/patents/docx for information aboutfiling in DOCX format. For
`
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`
`(toll-free).
`
`If you would like assistance from a USPTO CustomerService
`
`Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/JANE J RHEE/
`Primary Examiner, Art Unit 1724
`
`